Allowed

Juvenile R v. State of Up through Principal Secretary Home Gov. of Up and 3 Others

Allahabad HC11 Jul 2023CRLR/2147/2023

Case brief

AI extract

What is this about?

This criminal revision sought to set aside lower court orders and grant bail. The High Court allowed the revision, holding that the Juvenile Justice Board and appellate court failed to apply their judicial mind and consider relevant materials, particularly regarding the J.J. Act provisions.

What did the court decide?

Impugned orders dated 02.12.2022 and 13.02.2023 set aside; revision allowed; delinquent released on bail with conditions.

Juvenile R Vs State of Up through Principal… — Writ and Judicial Review | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:137099

¶2

Court No. - 80

¶3

Case :- CRIMINAL REVISION No. - 2147 of 2023

¶4

Revisionist :- Juvenile R Opposite Party :- State Of Up Through Principal Secretary Home Gov. Of Up And 3 Others Counsel for Revisionist :- Dwijendra Prasad Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Chandra Sharma,J.

¶6

Heard Sri Dwijendra Prasad, learned counsel for the revisionist and A.G.A. for the State and perused the material on record.

¶7

The present criminal revision has been preferred by the revisionist through his mother under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the impugned judgment and order dated 13.02.2023 passed by Special Judge (POCSO Act)/Additional District and Sessions Judge, Firozabad in Criminal Juvenile Appeal No.92/2022 as well as order dated 02.12.2022 passed by Juvenile Justice Board, Firozabad in bail application no.133 of 2022 in Case Crime No.326 of 2022, under Section 376 I.P.C.& 3/4 POCSO Act, Police Station North Firozabad, District Firozabad and also prays to release the revisionist/delinquent on bail in the aforesaid case.

¶8

It is submitted that in this case the delinquent/applicant was aged about 14 years at the time of alleged commission of offence and age of the victim/girl was 13 years at that time. Further submitted that the delinquent did not commit rape with the victim. She made her statement before the learned Magistrate u/s 164 Cr.P.C. that she named the delinquent on the basis of instigation made by her mother and sisters which was in the sense to implicate the delinquent falsely and then to extort money. No any rape was committed by him with the victim even though police report was filed against him. The report submitted by the District Probation Officer is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 12.07.2022 and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.

¶9

Learned A.G.A. opposed the prayer as aforesaid.

¶10

Considering the facts and circumstances of the case, submission made by

¶11

learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer and the statement of the victim herself u/s 164 Cr.P.C., it appears that Juvenile Justice Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.

¶12

Accordingly, the orders passed by Juvenile Justice Board dated 02.12.2022 and the appellate court dated 13.02.2023 are, hereby, set aside and the present criminal revision is hereby, allowed.

¶13

It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person bond by the revisionist (mother of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-

¶14

(i) The natural guardian/mother will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the mother will ensure that the juvenile will not repeat the offence.

¶15

(ii) The natural guardian/mother will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

¶16

(iii) Juvenile and the natural guardian/mother will report to the Probation Officer on the first Monday of every calendar month.

¶17

(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such a periodical basis as the Juvenile Justice Board may determine.

¶18

Order Date :- 11.7.2023 Ashok Gupta

¶19

Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Juvenile R v. State of Up through Principal Secretary Home Gov. of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Juvenile R v. State of Up through Principal Secretary Home Gov. of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Juvenile -X Vs State of U.P. and 3 Others

X- Juvenile Vs State of U.P. and 3 Others

X- Juvenile Vs State of U.P. and 3 Others

Juvenile X Vs State of U.P. and 3 Others

X (Juvenile) Vs State of U.P. and 3 Others

Dharmendra and Another Vs State of U.P. and Another